Law- Chapter 5 civil law

Question 1

Balance of probabilities

Answer 1

The standard of proof in a civil case.

Question 2

Binding precedent

Answer 2

A decision of a higher court that must be followed by lower courts in the same hierarchy

Question 3

Common law/case law/judge-made law

Answer 3

Decisions made by judges that form part of the law.

Question 4

Court hierarchy

Answer 4

The ranking of courts according to the seriousness of the matters they deal with

Question 5

Damages

Answer 5

A civil remedy (an order of a court) that aims to compensate the person who has been wronged for the injury or loss suffered.

Question 6

Defamation

Answer 6

Written or verbal statements that lower a person’s reputation in the eyes of the community.

Question 7

Defendant

Answer 7

Person against whom a civil action is taken.

Question 8

Disapprove

Answer 8

When a court expresses disapproval of a previous precedent but is still bound by it.

Question 9

Distinguish

Answer 9

When a court decides that the material facts of a case are sufficiently different to a precedent to make the precedent not binding on that court

Question 10

Doctrine of precedent

Answer 10

The common law principle by which the decisions of higher courts in a hierarchy are binding on lower courts in the same hierarchy where the material facts are similar

Question 11

Duty of care

Answer 11

A legal obligation to avoid causing harm to a person or group when harm is ‘reasonably foreseeable’ if care is not taken; there must be a sufficiently close relationship (sometimes referred to as proximity) between the two people in order for a duty of care to exist.

Question 12

Injunction

Answer 12

A civil remedy, being a court order that stops someone from doing something or compels someone to do something.

Question 13

Jurisdiction

Answer 13

The lawful authority or power of a particular court to decide a particular case.

Question 14

Negligence

Answer 14

Doing or not doing something a reasonable person would or would not do in certain circumstances, which causes harm or loss to another person

Question 15

Neighbour principle

Answer 15

Used in negligence cases to determine whether a duty of care was owed to the person injured. A person must take reasonable care to avoid acts and omissions that can reasonably be foreseen as likely to injure their ‘neighbours’; that is, the people who would be closely and directly affected by their acts or omissions.

Question 16

Orbiter dictum

Answer 16

A remark made by a judge in passing, which is not binding.

Question 17

Order of specific peformance

Answer 17

A civil remedy (an order of court) that requires someone to perform a specific act; usually applied in contract law to order someone to complete a contract.

Question 18

Overrule

Answer 18

A new case in a higher court creates a new precedent,which means the previous precedent in a different case is no longer applicable.

Question 19

Persuasive precedent

Answer 19

A decision of another court which is influential but not binding

Question 20

Plaintiff

Answer 20

Person bringing a civil action; person who has the burden of proving the case.

Question 21

Precedent

Answer 21

A court decision that is followed by another court lower in the hierarchy

Question 22

Private nuisance

Answer 22

An act or omission that substantially and unreasonably interferes with the use and enjoyment of land.

Question 23

Public nuisance

Answer 23

An act or omission that interferes with the comfort or convenience of a number of people to a considerable degree

Question 24

Ratio decidendi

Answer 24

The reason for a decision (the binding part of a decision).

Question 25

Remedy

Answer 25

A way in which a court will enforce a right, impose a penalty or make another court order for the benefit of the plaintiff. It is aimed at restoring the plaintiff to the position he or she was in before the wrongful act occurred. The most common remedy is damages

Question 26

Reverse

Answer 26

A higher court makes a different decision than a lower court in the same case on appeal

Question 27

Statue

Answer 27

An act of parliament; a piece of legislation

Question 28

Sue

Answer 28

Start civil proceedings against another person

Question 29

Tort

Answer 29

A civil wrong ; an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages

Question 30

Trespass to goods

Answer 30

Direct interference by one person with another person’s possession of goods.

Question 31

Trespass to person

Answer 31

Assault, battery or false imprisonment of another person

Question 32

Why do we need civil law?

Answer 32

Civil law is the enforcement of human rights by way of restoring parties to their original position.
If an individuals rights are infringed they can take the matter to court to ask for compensation as a way of righting the wrong.

Question 33

Tort law

Answer 33

Relating to negligence, defamation (negligence, intentional, property, nuisance e.c.t)
Aims to protect the rights of individuals

Question 34

Key principles of civil law

Answer 34

Wronged person bring matter to court = Plaintiff
The party alleged to be wrong = Defendant
The plaintiff will sue the defendant in court or tribunal for = Remedy
(Damages, injections, court orders)
The plaintiff has the burden of probing the defendant wrong
Standard of proof = Balance of probabilities

Question 35

Sue

Answer 35

institute legal proceedings against (a person or institution), typically for redress

Question 36

Donoghe v. Stevenson

Answer 36

The snail in a bottle case which provided the guiding principle for the law of negligence (which did not exist prior)